Muirhead & Turnbull v Dickson [1905] ScotCS CSIH_2 (14 June 1905)

Muirhead & Turnbull v Dickson [1905] ScotCS CSIH_2 (14 June 1905)

The agreement between the parties was a contract of sale on credit, not a hire or hire-purchase agreement, as evidenced by the offer and acceptance of a piano at a fixed price payable by instalments, without the necessary stipulations or written form of a hire-purchase contract. The pursuers' remedy is for the price, not for delivery of the piano.

Citation
[1905] ScotCS CSIH_2
Parties
Pursuer: Muirhead & Turnbull; Defender: Dickson
Jurisdiction
Scotland
Judgment Date
14 June 1905
Procedural Posture
Civil Appeal / Appeal From Sheriff of Lanarkshire to Court of Session (inner House)
Outcome
appeal dismissed; judgment of Sheriff-substitute restored
Legal Topics
Hire Purchase Agreements, Sale on Credit, Formation of Contract, Interpretation of Commercial Contracts
Contract Law Sale of Goods Hire Purchase Agreements Sale on Credit Formation of Contract Interpretation of Commercial Contracts

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Parties

Muirhead & Turnbull

Pursuer

Dickson

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff of Lanarkshire to Court of Session (inner House)

Legal Issues

  1. 1 Whether the agreement between the parties constituted a contract of hire, a hire-purchase agreement, or a sale on credit
  2. 2 Whether the pursuers are entitled to delivery of the piano or only to payment of instalments
  3. 3 Whether the absence of a written hire-purchase agreement affects the nature of the contract

Ratio Decidendi

The agreement between the parties was a contract of sale on credit, not a hire or hire-purchase agreement, as evidenced by the offer and acceptance of a piano at a fixed price payable by instalments, without the necessary stipulations or written form of a hire-purchase contract. The pursuers' remedy is for the price, not for delivery of the piano.

Court Disposition

appeal dismissed; judgment of Sheriff-substitute restored

Orders

  • Petition for delivery of piano dismissed
  • Pursuers not entitled to delivery; remedy is for payment of price